“The investment and where you invest in the EB-5 Company or Regional Center is important and must be properly researched and analyzed as a regular business would be analyzed prior to putting in the money.”— Brian D. Lerner, EB-5 Investment Attorney
Firstly, the EB-5 allows for conditional residency for an immigrant who, after Nov. 29, 1990, invest around $1.5 million (or under certain circumstances $900,000) in a new commercial enterprise that employs 10 U.S. Citizens or authorized immigrant workers full-time and engage in the business through day-to-day management or policy formation. 7.1% of worldwide visas per year of which 3,000 are set aside for “targeted employment areas.” In addition to this “basic program” there is a Regional Center Pilot Program. In conclusion, USCIS will adjudicate the application.
Secondly, assuming it is a direct investment, the user must invest in a commercial enterprise includes a broad spectrum of business relationships including sole proprietorship, partnerships (limited or general), holding companies and their wholly-owned subsidiaries, joint venture, corporation, business trust or other publicly or privately owned entities provided they are all “for profit” business operations. Moreover, the EB5 Visa is for the true entrepreneur.
The Commercial Enterprise vs. The Regional Center
Investment and Job Creation in a Commercial Enterprise Not in a Regional Center. However, it is worth noting that an investment in a commercial enterprise not in a regional center must be directly in the job creating entity and that entity must employ the 10 persons per investor. Thus, a limited partnership that loans money to other businesses where the job-creation is in the other businesses is only possible in the regional center context because it allows for indirect job creation. Of course, if investors put their funds into a lending institution (e.g. bank) and the lending institution itself created 10 jobs per investor (e.g. tellers, loan officers) that would be satisfactory whether or not the company eventually loaned money to others.